CONSTRUCTION LAW
When is a Bridge
Not a Road?
At Miller Thomson, we are acutely
aware that the Saskatchewan
Heavy Construction Association
is comprised of members who regularly
work on public road and highway projects, including
bridges and overpass. Our Saskatchewan
construction team follows important legal
changes impacting construction projects in Saskatchewan
so that we can keep SHCA members
as up to date as possible.
The Saskatchewan Court of Appeal (CoA)
recently upheld1 the decision of the Queen’s
Bench (QB) in PCL Construction Management
Inc. v. Saskatoon (City).2 This case is instructive
on when The Builders’ Lien Act (BLA) will apply
to road construction projects – especially those
involving overpasses.
In 2018, a dispute arose involving two overpass
projects (the “Projects”) in the City of Saskatoon
(the “City”) when subcontractors served Written
Notices of Lien on the City for materials and/
or services provided to the Projects. The general
contractor, PCL Construction Management Inc.
(PCL) applied to the Saskatchewan QB to have
some of the liens declared invalid. PCL’s central
argument was that the BLA did not apply to
these Projects as they were for the construction
of overpasses, i.e., bridges. The Court disagreed
and found the BLA did apply and declared all
liens to be valid. PCL appealed.
EBLISGALEA/123RF
The application of The Builders’ Lien Act to overpass projects
By Troy Baril and Jonathan Martin, Miller Thomson LLP
thinkbigmagazine.ca | Quarter 2 2020 | Think BIG 41
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